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(영문) 수원지방법원 안산지원 2021.01.22 2020고합307

유사강간

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father-child relationship between the victim B (V, 52) and the legal father-child relationship.

On July 3, 2020, the Defendant, at the time of Ansan-si, at around 21:40 on July 3, 2020, asked the victim to pay the card price in arrears at the Defendant’s residence located in Ansan-gu, the Defendant left the victim’s chest, put the victim’s chest into a small wave, put the victim’s body into a small wave, putting the victim’s body on the part of the small wave, putting the victim’s body on the part of the defendant’s chest, putting the victim’s body against the victim’s chest, putting the victim’s body against the victim’s invasions, cut off the victim’s bar and panty, putting the victim’s part of the sound part of the victim into the part of the victim.

As a result, the Defendant, by committing violence, included his fingers in the victim’s sexual organ and rape.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement B, report on internal investigation, site photo, and appraisal report to the police;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Welfare of the Disabled Act (amended by Act No. 17282, May 19, 202); the Defendant has no record of punishment for the same kind of crime; the instant crime was committed against an unspecified spouse; the Defendant is not a crime committed against an unspecified victim; and personal information registration and employment restriction order of the Defendant.